Darrell Banks v. Pasquotank County

Summary

The United States District Court for the Eastern District of North Carolina grants the plaintiff leave to amend his complaint under Federal Rule of Civil Procedure 15(a). The court denies the defendant's motion to dismiss and for judgment on the pleadings without prejudice and directs the clerk to file the proposed amended complaint.

Holdings

1. Leave to amend should be granted because the record showed no bad faith, no prejudice to defendant, and no apparent futility or plain insufficiency in the proposed amendment.
2. The motions to dismiss and for judgment on the pleadings were denied without prejudice after leave to amend was granted.

Questions Presented

1. Whether plaintiff should be granted leave to amend the complaint under Federal Rule of Civil Procedure 15(a).
2. Whether defendant's motion to dismiss and motion for judgment on the pleadings should be decided before the amended complaint was filed.

Disposition

other